Clapp v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Action for personal injuries brought in the district court for Freeborn county. Plaintiff had a verdict for $3,000, and appeals from an order by Farmer, J., granting a new trial. A former appeal in this action is reported as Morse v. Minn, é St. L. By. Co., 30 Minn. 465.
1Opinion of the Court
By the Court.
The issue tried before the jury was whether the ac*23cident to plaintiff’s intestate was caused by the defendant’s negligence in allowing a certain railroad switch to remain out of repair and in an unsafe condition. A new trial was granted by the court, on the sole ground that the verdict was not justified by the evidence. This was one of the statutory grounds on which the motion was made, and upon the record of the evidence on both sides we think the case is clearly within the rule laid down in Rheiner v. Stillwater, etc., Co., 29 Minn. 147, in the application of which this court…
2Cases cited1 opinion
- Rheiner v. Stillwater Street Railway & Transfer Co.Supreme Court of Minnesota · 1882
3Cited by5 opinions
- Outcelt v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1921
- Rennie v. Skellett Co.Supreme Court of Minnesota · 1921
- Crosby v. St. Paul City Railway Co.Supreme Court of Minnesota · 1886
- Olson v. United StatesCourt of Appeals for the Eighth Circuit · 1933
- Olson v. United StatesCourt of Appeals for the Eighth Circuit · 1933